Case Number: BC547987 Hearing Date: March 21, 2018 Dept: 92

RUBI BENITEZ,

Plaintiff(s),

vs.

MINDY KIM, ET AL.,

Defendant(s).

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CASE NO: BC547987

[TENTATIVE] ORDER DENYING DEFENDANT’S MOTION TO PERMIT GEORGE W. SOULE AND MELISSA R. STULL TO APPEAR AS COUNSEL PRO HAC VICE WITHOUT PREJUDICE

Dept. 92

1:30 p.m. — #35

January 25, 2016

Defendant seeks an order permitting Michael Caleb Meyer to appear as counsel pro hac vice in this action. The application fails to fully satisfy CRC 9.40. While the applicant establishes that he is licensed in the States of Colorado and Nevada, is in good standing, does not regularly work or live in CA, and has an associated CA attorney, Aaron S. Motschenbacher associated as counsel in the case, ¶5 of his declaration fails to fully satisfy the requirements of CRC 9.40(d)(5). 9.40(d)(5) requires an attorney seeking admission pro hac vice to list each and every case in which he has appeared in the past two years. Counsel declares he appeared in one specific case in the past two years, but does not declare that the case listed is the only case in which he has appeared pro hac vice.

Additionally, and more importantly, there is no proof of service of the moving papers on the State Bar. Motschenbacher declares he paid the necessary fees and mailed a copy of the application to the State Bar. CRC 9.40(c)(1), however, requires a proof of service on the State Bar. This is a key distinction, as proof of service shows that the State Bar was given notice of the hearing date on the application and an opportunity to contest the application if it chooses to do so. Absent proof of service, the application cannot be granted.

The motion is denied without prejudice for each of the foregoing reasons.